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Full Text of HB3810  97th General Assembly

HB3810enr 97TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
530-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 and by adding
6Section 30-13.5 as follows:
 
7    (105 ILCS 5/30-9)  (from Ch. 122, par. 30-9)
8    Sec. 30-9. General Assembly scholarship; conditions of
9admission; award by competitive examination.
10    Each member of the General Assembly may nominate annually 2
11persons of school age and otherwise eligible, from his
12district; each shall receive a certificate of scholarship in
13any State supported university designated by the member. Any
14member of the General Assembly in making nominations under this
15Section may designate that his nominee be granted a 4 year
16scholarship or may instead designate 2 or 4 nominees for that
17particular scholarship, each to receive a 2 year or a one year
18scholarship, respectively. The nominee, if a graduate of a
19school accredited by the University to which nominated, shall
20be admitted to the university on the same conditions as to
21educational qualifications as are other graduates of
22accredited schools. If the nominee is not a graduate of a
23school accredited by the university to which nominated, he

 

 

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1must, before being entitled to the benefits of the scholarship,
2pass an examination given by the superintendent of schools of
3the county where he resides at the time stated in Section 30-7
4for the competitive examination. The president of each
5university shall prescribe the rules governing the examination
6for scholarship to his university.
7    A member of the General Assembly may award the scholarship
8by competitive examination conducted under like rules as
9prescribed in Section 30-7 even though one or more of the
10applicants are graduates of schools accredited by the
11university.
12    A member of the General Assembly may delegate to the
13Illinois Student Assistance Commission the authority to
14nominate persons for General Assembly scholarships which that
15member would otherwise be entitled to award, or may direct the
16Commission to evaluate and make recommendations to the member
17concerning candidates for such scholarships. In the event a
18member delegates his nominating authority or directs the
19Commission to evaluate and make recommendations concerning
20candidates for General Assembly scholarships, the member shall
21inform the Commission in writing of the criteria which he
22wishes the Commission to apply in nominating or recommending
23candidates. Those criteria may include some or all of the
24criteria provided in Section 25 of the Higher Education Student
25Assistance Act. A delegation of authority under this paragraph
26may be revoked at any time by the member.

 

 

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1    Failure of a member of the General Assembly to make a
2nomination in any year shall not cause that scholarship to
3lapse, but the member may make a nomination for such
4scholarship at any time thereafter before the expiration of his
5term, and the person so nominated shall be entitled to the same
6benefits as holders of other scholarships provided herein. Any
7such scholarship for which a member has made no nomination
8prior to the expiration of the term for which he was elected
9shall lapse upon the expiration of that term.
10(Source: P.A. 93-349, eff. 7-24-03.)
 
11    (105 ILCS 5/30-10)  (from Ch. 122, par. 30-10)
12    Sec. 30-10. Filing nominations-Failure to accept or
13pass-Second nomination.
14    Nominations, under Section 30-9, showing the name and
15address of the nominee, and the term of the scholarship,
16whether 4 years, 2 years or one year, must be filed with the
17State Superintendent of Education not later than the opening
18day of the semester or term with which the scholarship is to
19become effective. The State Superintendent of Education shall
20forthwith notify the president of the university of such
21nomination.
22    If the nominee fails to accept the nomination or, not being
23a graduate of a school accredited by the university, fails to
24pass the examination for admission, the president of the
25university shall at once notify the State Superintendent of

 

 

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1Education. Upon receiving such notification, the State
2Superintendent of Education shall notify the nominating
3member, who may name another person for the scholarship. The
4second nomination must be received by the State Superintendent
5of Education not later than the middle of the semester or term
6with which the scholarship was to have become effective under
7the original nomination in order to become effective as of the
8opening date of such semester or term otherwise it shall not
9become effective until the beginning of the next semester or
10term following the making of the second nomination. Upon
11receiving such notification, the State Superintendent of
12Education shall notify the president of the university of such
13second nomination. If any person nominated after the effective
14date of this amendatory Act of 1973 to receive a General
15Assembly scholarship changes his residence to a location
16outside of the district from which he was nominated, his
17nominating member may terminate that scholarship at the
18conclusion of the college year in which he is then enrolled.
19For purposes of this paragraph, a person changes his residence
20if he registers to vote in a location outside of the district
21from which he was nominated, but does not change his residence
22merely by taking off-campus housing or living in a
23nonuniversity residence.
24(Source: P.A. 93-349, eff. 7-24-03.)
 
25    (105 ILCS 5/30-11)  (from Ch. 122, par. 30-11)

 

 

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1    Sec. 30-11. Failure to use scholarship - Further
2nominations. If any nominee under Section 30-9 or 30-10
3discontinues his course of instruction or fails to use the
4scholarship, leaving 1, 2, 3, or 4 years thereof unused, the
5member of the General Assembly may, except as otherwise
6provided in this Article, nominate some other person eligible
7under this Article from his district who shall be entitled to
8the scholarship for the unexpired period thereof. Such
9appointment to an unexpired scholarship vacated before July 1,
101961, may be made only by the member of the General Assembly
11who made the original appointment and during the time he is
12such a member. If a scholarship is vacated on or after July 1,
131961, and the member of the General Assembly who made the
14original appointment has ceased to be a member, some eligible
15person may be nominated in the following manner to fill the
16vacancy: If the original appointment was made by a Senator,
17such nomination shall be made by the Senator from the same
18district; if the original appointment was made by a
19Representative, such nomination shall be made by the
20Representative from the same district. Every nomination to fill
21a vacancy must be accompanied either by a release of the
22original nominee or if he is dead then an affidavit to that
23effect by some competent person. The failure of a nominee to
24register at the university within 20 days after the opening of
25any semester or term shall be deemed a release by him of the
26nomination, unless he has been granted a leave of absence in

 

 

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1accordance with Section 30-14 or unless his absence is by
2reason of his entry into the military service of the United
3States. The university shall immediately upon the expiration of
420 days after the beginning of the semester or term notify the
5State Board of Education as to the status of each scholarship,
6who shall forthwith notify the nominating member of any
7nominee's failure to register or, if the nominating member has
8ceased to be a member of the General Assembly, shall notify the
9member or members entitled to make the nomination to fill the
10vacancy. All nominations to unused or unexpired scholarships
11shall be effective as of the opening of the semester or term of
12the university during which they are made if they are filed
13with the university during the first half of the semester or
14term, otherwise they shall not be effective until the opening
15of the next following semester or term.
16(Source: P.A. 93-349, eff. 7-24-03.)
 
17    (105 ILCS 5/30-12)  (from Ch. 122, par. 30-12)
18    Sec. 30-12. Failure to begin or discontinuance of course
19because of military service.
20    Any nominee, under Sections 30--9, 30--10, or 30--11, who
21fails to begin or discontinues his course of instruction
22because of his entry into the military service of the United
23States, leaving all or a portion of the scholarship unused,
24may, upon completion of such service, use the scholarship or
25the unused portion thereof, regardless of whether or not the

 

 

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1member of the General Assembly who nominated him is then a
2member; provided that during the nominee's period of military
3service no other person may be nominated by such member to all
4or any portion of such unused or unfinished scholarship unless
5the nomination is accompanied either by a release of the
6original nominee or if he is dead then an affidavit to that
7effect by some competent person.
8(Source: Laws 1961, p. 31.)
 
9    (105 ILCS 5/30-12.5)
10    Sec. 30-12.5. Waiver of confidentiality.
11    (a) As a condition of nomination for a General Assembly
12scholarship under Section 30-9, 30-10, or 30-11, each nominee
13shall provide to the member of the General Assembly making the
14nomination a waiver document stating that, notwithstanding any
15provision of law to the contrary, if the nominee receives a
16General Assembly scholarship, then the nominee waives all
17rights to confidentiality with respect to the contents of the
18waiver document. The waiver document shall state at a minimum
19the nominee's name, domicile address, attending university,
20degree program in which the nominee is enrolled, amount of
21tuition waived by the legislative scholarship and the name of
22the member of the General Assembly who is making the
23nomination. The waiver document shall also contain a statement
24by the nominee that, at the time of the nomination for the
25legislative scholarship, the domicile of the nominee is within

 

 

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1the legislative district of the legislator making the
2scholarship nomination. The waiver document must be signed by
3the nominee, and the nominee shall have his or her signature on
4the waiver document acknowledged before a notary public. The
5member of the General Assembly making the nomination shall file
6the signed, notarized waiver document, together with the
7nomination itself, with the State Superintendent of Education.
8By so filing the waiver document, the member waives all his or
9her rights to confidentiality with respect to the contents of
10the waiver document.
11    (b) The legislative scholarship of any nominee shall be
12revoked upon a determination by the State Board of Education
13after a hearing that the nominee knowingly provided false or
14misleading information on the waiver document. Upon revocation
15of the legislative scholarship, the scholarship nominee shall
16reimburse the university for the full amount of any tuition
17waived prior to revocation of the scholarship.
18    (c) The Illinois Student Assistance Commission shall
19prepare a form waiver document to be used as provided in
20subsection (a) and shall provide copies of the form upon
21request.
22(Source: P.A. 93-349, eff. 7-24-03.)
 
23    (105 ILCS 5/30-13)  (from Ch. 122, par. 30-13)
24    Sec. 30-13. Use of scholarship at public university. The
25scholarships issued under Sections 30-9 through 30-12 of this

 

 

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1Article may be used at the University of Illinois, Southern
2Illinois University, Chicago State University, Eastern
3Illinois University, Governors State University, Illinois
4State University, Northeastern Illinois University, Northern
5Illinois University, and Western Illinois University as
6provided in those sections. Unless otherwise indicated, these
7scholarships shall be good for a period of not more than 4
8years while enrolled for residence credit and shall exempt the
9holder from the payment of tuition, or any matriculation,
10graduation, activity, term or incidental fee, except any
11portion of a multipurpose fee which is used for a purpose for
12which exemption is not granted under this Section. Exemption
13shall not be granted from any other fees, including book
14rental, service, laboratory, supply, union building, hospital
15and medical insurance fees and any fees established for the
16operation and maintenance of buildings, the income of which is
17pledged to the payment of interest and principal on bonds
18issued by the governing board of any university or community
19college.
20    Any student who has been or shall be awarded a scholarship
21shall be reimbursed by the appropriate university or community
22college for any fees which he has paid and for which exemption
23is granted under this Section, if application for such
24reimbursement is made within 2 months following the school term
25for which the fees were paid.
26    The holder of a scholarship shall be subject to all

 

 

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1examinations, rules and requirements of the university or
2community college in which he is enrolled except as herein
3directed.
4    This article does not prohibit the Board of Trustees of the
5University of Illinois, the Board of Trustees of Southern
6Illinois University, the Board of Regents of the Regency
7Universities System and the Board of Governors of State
8Colleges and Universities for the institutions under their
9respective jurisdictions from granting other scholarships.
10(Source: P.A. 88-228; 89-4, eff. 1-1-96.)
 
11    (105 ILCS 5/30-13.5 new)
12    Sec. 30-13.5. General Assembly scholarship program
13abolished. Before September 1, 2012, each member of the
14General Assembly may nominate persons to receive a scholarship
15or certificate of scholarship under Sections 30-9, 30-10,
1630-11, 30-12, 30-12.5, and 30-13 of this Code as they existed
17before the effective date of this amendatory Act of the 97th
18General Assembly. A person nominated to receive or awarded such
19a scholarship or certificate before September 1, 2012 is
20entitled to the scholarship under the terms of Sections 30-9,
2130-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they
22existed before the effective date of this amendatory Act of the
2397th General Assembly and Section 30-14 of this Code.
 
24    Section 10. The Board of Higher Education Act is amended by

 

 

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1changing Section 9.29 as follows:
 
2    (110 ILCS 205/9.29)
3    Sec. 9.29. Tuition and fee waiver report and task force.
4    (a) The Board of Higher Education shall annually compile
5information concerning tuition and fee waivers and tuition and
6fee waiver programs that has been provided by the Boards of
7Trustees of the University of Illinois, Southern Illinois
8University, Chicago State University, Eastern Illinois
9University, Governors State University, Illinois State
10University, Northeastern Illinois University, Northern
11Illinois University, and Western Illinois University and shall
12report its findings and recommendations concerning tuition and
13fee waivers and tuition and fee waiver programs to the General
14Assembly by filing copies of its report by December 31 of each
15year as provided in Section 3.1 of the General Assembly
16Organization Act.
17    (b) The General Assembly finds and declares (i) that the
18Board of Higher Education reports that in Fiscal Year 2011
19public institutions of higher education awarded tuition and fee
20waivers totaling nearly $415 million; (ii) that 83.9% of these
21waivers were discretionary in that they were awarded at the
22discretion of each institution and valued at over $348 million;
23(iii) that the remaining 16.1% of waivers were mandatory in
24that institutions had to award the waivers by statute; and (iv)
25that because of the significant cost of such waivers, it is

 

 

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1important to review, evaluate, and verify that these waivers
2are in the public interest and impose a reasonable financial
3impact upon higher education.
4    There is hereby created the Tuition and Fee Waiver Task
5Force. The Task Force shall consist of the following members:
6        (1) 2 members appointed by the President of the Senate;
7        (2) 2 members appointed by the Speaker of the House of
8    Representatives;
9        (3) 2 members appointed by the Minority Leader of the
10    Senate; and
11        (4) 2 members appointed by the Minority Leader of the
12    House of Representatives.
13    The President and Speaker shall designate one member each
14to serve as co-chairpersons of the Task Force. Members must be
15adults and residents of this State. The individual or his or
16her successor who appointed a member may remove that appointed
17member before the expiration of his or her term on the Task
18Force for official misconduct, incompetence, or neglect of
19duty. Members shall serve without compensation, but may be
20reimbursed for expenses. Appointments must be made within 60
21calendar days after the effective date of this amendatory Act
22of the 97th General Assembly.
23    (c) The purpose of the Tuition and Fee Waiver Task Force is
24to conduct a thorough review and evaluation of the tuition and
25fee waiver programs offered by the public institutions of
26higher education listed in subsection (a) of this Section, as

 

 

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1well as the findings and recommendations made by the Board
2concerning these programs pursuant to subsection (a) of this
3Section. The Task Force shall also thoroughly review and
4evaluate tuition and fee waiver programs offered by public
5institutions of higher education not listed in subsection (a)
6of this Section.
7    The Task Force shall review and evaluate each of the
8tuition and fee waiver programs offered by public institutions
9of higher education and determine the propriety of each such
10program. As part of its review and evaluation, the Task Force
11shall, among other things, consider the following:
12        (1) the institution's justification of the need for the
13    program;
14        (2) the program's intended purposes and goals;
15        (3) the program's eligibility and selection criteria;
16        (4) the program's costs;
17        (5) the purported benefits resulting from the program;
18    and
19        (6) whether the program serves the public interest or
20    advances a private interest.
21    (d) The Board shall provide administrative support to the
22Tuition and Fee Waiver Task Force. The Task Force shall conduct
23meetings and public hearings before filing any report mandated
24under this subsection (d). At the public hearings, the Task
25Force shall allow interested persons to present their views and
26comments. The Task Force shall submit a report setting forth

 

 

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1its review and evaluation of the tuition and fee waiver
2programs offered by public institutions of higher education on
3or before April 15, 2013 to the Governor, the General Assembly,
4and the Board. Upon filing its reports, the Task Force is
5dissolved.
6(Source: P.A. 92-51, eff. 1-1-02.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.